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(영문) 수원지방법원 2019.01.22 2018가합1257

종중총회결의 무효 또는 부존재 확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a clan consisting of 19 years of age or older among descendants who jointly set D as nine descendants of C.

B. The Plaintiff was the Defendant’s final member from March 24, 2014 to March 24, 2017.

C. On March 24, 2018, the Defendant held a special meeting of the clan (hereinafter “instant general meeting”). Although the minutes of the general meeting (No. 5) indicate that the Defendant held the general meeting on March 24, 2018, the Defendant’s articles of incorporation, which are applicable to the above general meeting, was amended as of April 15, 2017, and the above articles of incorporation provide that the general meeting shall be held during December of each year. Thus, the general meeting held on March 24, 2018, which is not the fixed time, constitutes an extraordinary general meeting, which is not the general meeting, but the general meeting) and appointed the Defendant’s clan E as the Defendant’s auditor, and made a resolution to amend the Defendant’s articles of incorporation (hereinafter “instant resolution”). D.

Meanwhile, the Defendant’s articles of incorporation amended as of April 15, 2017, which applies to the instant general meeting (hereinafter “Defendant’s articles of incorporation”) provides for the following with respect to the election of executives, the procedure for convening the general meeting, and the quorum for voting.

Article 8 (Election and Term of Office of Officers)

1.The Chairman, Vice-Chairman and Auditor shall be elected by the Assembly;

2. Directors shall be elected by the board of directors on the recommendation of the chairperson;

3. The executive directors shall be appointed by the Chairperson from among the directors;

4. The term of office shall be three years from the date on which he is elected, and the president shall not be reappointed.

Article 11 (Meetings) The meetings of the clans shall be classified into general meetings, special general meetings, and board of directors.

1. An ordinary general meeting shall be held at a clan hall in the December of each year, and an extraordinary general meeting shall be held by the Chairperson when the Chairperson deems it necessary, at the request of at least 1/3 of the incumbent members, or at the request of at least 1/2 of the executives;

2.The regular board of directors shall be held during each quarter, and the interim board of directors shall be held by the Chairperson when the Chairperson deems it necessary or at the request of at least one-half of the officers.

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